Supreme Court declines to entertain plea to hand over Bodh Gaya temple management to Buddhists
The bench directed the petitioner to approach Patna High Court.

The Supreme Court on Monday refused to entertain a petition seeking directions to hand over the control and management of Bihar’s Mahabodhi Mahavira temple in Bodh Gaya to Buddhists, reported Live Law.
The petitioner, former Maharashtra minister Sulekha Kumbhare, had sought amendments to the Bodh Gaya Temple Act 1949.
The act states that a committee constituted by the Bihar government will look after the “management and control” of the Mahabodhi temple and its property.
According to the act’s provisions, the committee should include eight members nominated by the state government and four of them should be Hindus. The district magistrate will double as the chairman of the committee, provided the official is a Hindu.
In February, several Buddhist monks began an indefinite hunger strike in Bodh Gaya, demanding full control of the Mahabodhi temple.
This was followed by rallies organised in Maharashtra, Rajasthan, Gujarat, Madhya Pradesh, Karnataka, Telangana and Tamil Nadu, culminating in a massive rally in Bodh Gaya on March 18 and 19.
On Monday, a bench of Justices MM Sundresh and K Vinod Chandran ruled that a plea under Article 32 of the Constitution could not be directly entertained by the court on the issue, Bar and Bench reported. The bench instead directed the petitioner to approach the Patna High Court.
Article 32 grants every individual the right to move the Supreme Court for the enforcement of their fundamental rights.
The petitioner had argued that fundamental rights under Articles 25, 26 and 29 would be violated unless the temple’s management was handed over to Buddhists.
The three articles of the Constitution deal with fundamental rights related to religion.
Article 25 grants freedom of conscience and the right to profess, practice, and propagate religion.
Article 26 allows religious denominations to manage their own affairs.
Article 29 protects the interests of minorities by ensuring their right to conserve their language, script or culture and prohibiting discrimination in educational institutions based on religion, race, caste or language.
The Mahabodhi temple, one of the four shrines associated with the Buddha and revered by followers of the religion, is located where Buddha is said to have attained enlightenment. Buddhism was born in the 6th century BC as an alternative to the emphasis on ritual and caste hierarchy in Hinduism.
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